Change of venue sought in child abuse case

SANDPOINT — Newspaper coverage has jeopardized a Ponderay man’s chance of finding unbiased jurors to decide a felony child abuse charge pending against him, his defense attorney maintains.

Sandpoint attorney Todd Reed was scheduled to argue a motion for a change of venue on Monday in Bobby Daniel Adams’ case, but the hearing was called off because of a scheduling conflict.

A new hearing date is pending.

In his motion to shift the proceedings outside of Bonner County, Reed contends a reasonable likelihood exists that pretrial publicity has affected the impartiality of potential jurors. Six Daily Bee articles reporting on developments in Adams’ case are included as exhibits in the defense motion.

Adams, a 26-year-old also known as Bobby Geiger, is scheduled to stand trial in June on a felony charge of injury to a child. He is accused of fracturing his son’s skull and causing a traumatic brain injury on Aug. 17, 2008.

The boy was about five weeks old at the time he was injured.

Adams pleaded not guilty to the charge, but later entered a conditional Alford plea in an agreement with the state. Under such a plea, a defendant admits no wrongdoing.

The plea agreement, which attorneys sought to make binding upon the court, proposed a prison sentence of two to five years with retained jurisdiction. When a court retains jurisdiction, a defendant can become eligible for probation after serving six months.

Judge John Patrick Luster advised the defense last month that he was unwilling to join the plea agreement because of the seriousness of the offense and Adams’ inability to take responsibility in the case.

Adams subsequently withdrew his Alford plea, clearing the way for his five-day jury trial in 1st District Court.